Return of cultural goods

Return of cultural goods

Since 1993, the EU has had legislation providing for the physical return of cultural objects that have been unlawfully removed from EU countries' territory. This legislation aims to reconcile the fundamental principle of the free movement of goods with the protection of national treasures. This legislation is applicable to the European Economic Area countries.

Legislation on the return of cultural goods

Directive 2014/60/EU

As was the case with Directive 93/7/EEC, the new Directive provides for cooperation mechanisms and return proceedings against the possessor to secure the return of a cultural object unlawfully removed from the territory of one EU country to the territory of another EU country on, or after, 1 January 1993.

The Directive introduces some important new elements, for example:

it covers all cultural objects identified as 'national treasures possessing artistic, historic or archaeological value' under national legislation

search for a specified cultural object that has been unlawfully removed, as well as the identity of its possessor

notify the discovery of a cultural object

enable a check on the cultural object

act as an intermediary with regards to its return

return proceedings should be brought no longer than 3 years after the central authority of the requesting EU country became aware of the location of the object and of the identity of its possessor

the possessor of a cultural object should prove that they exercised due care and attention when acquiring the object for the purpose of obtaining a compensation when the return is ordered

The European Commission has regularly adopted reports evaluating Directive 93/7/EEC. By 18 December 2020, and every 5 years thereafter, Member States shall submit to the Commission a report on the application of Directive 2014/60. Based on the national reports, the Commission should draft a report reviewing the application of the Directive to present to the European Parliament, the Council and the European Economic and Social Committee.

Central authorities and Commission expert group

Each EU country appoints a central authority to deal with the return of cultural objects. The list of those central authorities has been published in the Official Journal of the European Union of 28 April 2017.